Banking Act 2009

Changes over time for: Section 204

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Banking Act 2009, Section 204 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 4(8A) (8B) inserted by 2012 c. 21 s. 96(3)
s. 8(2)(d) and word inserted by 2012 c. 21 s. 96(4)(b)

204InformationU.K.

This section has no associated Explanatory Notes

(1)The Bank of England may by notice in writing require a person to provide information—

(a)which the Bank thinks will help the Treasury in determining whether to make a recognition order [F1or an order under section 206A] [F2, or to specify a person under section 206A(2)(b)] [F3or 206A(2A)(b)], or

(b)which the Bank otherwise requires in connection with its functions under this Part.

[F4(1A)The Bank of England may by notice in writing require the operator of a recognised F5... payment system [F6, a recognised DSA service provider,] [F7or a service provider in relation to such a system] [F8or such a DSA service provider] to provide information which the Bank requires in connection with the exercise of its functions (whether under this Part or otherwise) in pursuance of its financial stability objective.]

(2)In particular, a notice [F9under subsection (1) or (1A)] may require the operator of a recognised F10... payment system [F11, a recognised DSA service provider,] [F12or a service provider in relation to such a system] [F13or such a DSA service provider] to notify the Bank if events of a specified kind occur.

(3)A notice [F14under subsection (1) or (1A)] may require information to be provided—

(a)in a specified form or manner;

(b)at a specified time;

(c)in respect of a specified period.

(4)The Bank may disclose information obtained by virtue of this section to—

(a)the Treasury;

[F15(b)the FCA;

F16(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(c)an authority in a country or territory outside the United Kingdom which exercises functions similar to those of the Treasury, the Bank of England [F17, the FCA or the PRA] in relation to F18... payment systems;

F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the Bank for International Settlements.

(5)Subsection (4)—

(a)overrides a contractual or other requirement to keep information in confidence, and

(b)is without prejudice to any other power to disclose information.

(6)The Treasury may by regulations permit the disclosure of information obtained by virtue of this section to a specified person.

(7)The Bank may publish information obtained by virtue of this section.

(8)The Treasury may make regulations about the manner and extent of publication under subsection (7).

(9)Regulations under this section—

(a)shall be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)It is an offence—